July 31, 2026 – Weekly Immigration News Update.

The $100,000 H-1B fee was introduced as part of the administration’s immigration enforcement initiatives and applied to certain H-1B petitions filed on behalf of beneficiaries outside the United States.

 

The rule immediately generated substantial concern among U.S. employers, multinational companies, universities, healthcare organizations, and the technology industry because of the significant financial burden it imposed on hiring highly skilled foreign professionals.

 

Multiple lawsuits challenged the legality of the fee, arguing that DHS exceeded its statutory authority.

The First Circuit Court of Appeals denied the government’s request to suspend (stay) the district court’s ruling while the appeal proceeds.

 

In doing so, the appellate court concluded that the government had not demonstrated a sufficient likelihood of success on appeal to justify keeping the $100,000 fee in effect during the litigation.

 

Because the stay request was denied, USCIS is now prohibited from enforcing or collecting the $100,000 H-1B fee unless a higher court issues a different ruling.

 

USCIS is expected to issue updated operational guidance explaining:

The ruling provides significant relief for many employers seeking to hire highly skilled foreign professionals.

 

Until USCIS issues additional instructions, employers should carefully monitor agency announcements before filing new petitions that may have previously been subject to the fee.

 

Employers that have already paid the $100,000 fee should maintain copies of all filing receipts, payment confirmations, and supporting documentation while awaiting further USCIS guidance regarding possible reimbursement or other administrative procedures.

The First Circuit’s decision is an important victory for employers and foreign professionals affected by the $100,000 H-1B fee. While the underlying litigation is not yet complete, the court’s refusal to stay the district court’s decision means that USCIS may no longer collect the fee unless the decision is overturned by a higher court.

 

This ruling may significantly reduce the financial burden associated with certain H-1B filings and restore greater predictability for employers planning to recruit international talent.

 

Nevertheless, because litigation remains ongoing, employers should remain alert for further court decisions or updated USCIS policy guidance that could affect filing requirements.

The Law Offices of Keshab Raj Seadie, P.C. continues to monitor all litigation and policy developments affecting the H-1B program. We advise employers and foreign professionals on:

If your company has questions regarding the impact of this court decision on pending or future H-1B filings, or if you previously paid the now-invalidated fee, our experienced immigration attorneys are available to assist you.

 

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U.S. State Department Launches Pilot Program for Expedited B-1/B-2 Visa Appointments in Mexico

The additional $750 fee allows eligible applicants to obtain a visa interview appointment within approximately 10 business days, subject to appointment availability.

 

However, it is important to understand that the expedited fee only speeds up scheduling the interview—it does not accelerate the adjudication of the visa application itself.

 

Applicants whose cases require administrative processing, security clearances, or additional review will still be subject to normal processing times after the interview.

The expedited appointment program does not increase the likelihood that a visa will be approved.

 

Applicants must still establish eligibility for a B-1/B-2 visa under the Immigration and Nationality Act by demonstrating, among other things:

Consular officers will continue to apply the same legal standards during every visa interview, regardless of whether the applicant paid the expedited appointment fee.

 

Applicants wishing to take advantage of the pilot program must:

At present, U.S. consulates in Mexico are the first locations participating in the pilot program.

 

The Department of State has indicated that additional U.S. embassies and consulates may join the program later in 2026. Any expansion will be announced on the Department of State’s official website.

The pilot program may be particularly useful for individuals who need to travel to the United States on short notice for:

Applicants should remember that obtaining an earlier interview date does not eliminate the possibility of post-interview administrative processing, which may still delay visa issuance.

 

This pilot program represents an effort by the Department of State to improve access to visa interview appointments while generating additional resources to address high demand at U.S. consular posts.

 

For travelers facing long appointment backlogs, paying for an earlier interview may be worthwhile if travel is time-sensitive. However, applicants should carefully weigh the additional cost against the fact that the fee only advances the interview date—not the visa decision or issuance.

 

Those with complex immigration histories, prior visa refusals, criminal records, prior overstays, or administrative processing concerns should seek legal advice before scheduling an expedited appointment.

 

The Law Offices of Keshab Raj Seadie, P.C. assists individuals and businesses with:

If you are considering applying for a B-1/B-2 visitor visa or would like to determine whether the expedited appointment option is appropriate for your situation, our experienced immigration attorneys are available to assist you.

This article is provided for general informational purposes only and does not constitute legal advice. Every immigration case should be evaluated based on its unique facts and applicable law.

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Recent reports indicate that the federal government has significantly expanded immigration enforcement activities at airports across the United States. According to The New York Times, U.S. Immigration and Customs Enforcement (ICE) officers have recently arrested foreign nationals with expired U.S. visas while they were traveling through airports, including individuals married to U.S. citizens and others who were not previously the focus of airport enforcement actions.

 

The reported arrests have occurred at more than 15 airports in recent weeks. In many cases, plainclothes ICE officers allegedly approached travelers at airline check-in counters, security screening areas, boarding gates, or arrival terminals before taking them into custody. Some arrests occurred discreetly, while others were recorded by fellow passengers and circulated on social media.

 

According to the report, these arrests appear to represent an expansion of cooperation between the Transportation Security Administration (TSA) and U.S. Immigration and Customs Enforcement (ICE). Previously, airport enforcement largely focused on individuals who already had final orders of removal. The new reports suggest that immigration officers are now identifying and apprehending certain individuals whose visas have expired or who may otherwise be out of lawful immigration status.

 

Although DHS has not publicly released detailed operational guidance regarding these enforcement activities, immigration attorneys around the country have reported an increase in airport-related arrests involving individuals with unresolved immigration status.

 

Individuals who may face increased scrutiny while traveling include:

Foreign nationals should carefully evaluate their immigration status before making domestic or international travel plans. Even routine travel within the United States may expose an individual to contact with federal authorities if government databases indicate a possible immigration violation.

 

Individuals with expired visas, pending applications, prior removal proceedings, or other immigration concerns should seek legal advice before traveling by air.

 

Given the reported increase in airport enforcement, we recommend that foreign nationals:

 

These reported enforcement actions demonstrate that immigration compliance remains a high priority for federal authorities. As immigration policies continue to evolve, individuals with expired visas or uncertain immigration status should proactively evaluate their legal options rather than waiting until they encounter immigration authorities during travel.

 

The Law Offices of Keshab Raj Seadie, P.C. closely monitors changes in immigration enforcement policies and advises clients on maintaining lawful status, adjustment of status, waivers, removal defense, and other available immigration remedies.

 

If you have questions about your immigration status or are concerned about upcoming travel, please contact our office before making travel arrangements. Early legal guidance may help identify available options and reduce unnecessary risks.

This article is intended for general informational purposes only and should not be construed as legal advice. Immigration consequences vary depending on the facts of each case.

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Beginning September 15, 2026, the Department of Homeland Security’s Final Rule eliminating Duration of Status (D/S) for F-1 students, J-1 exchange visitors, and I foreign media representatives will fundamentally change how these nonimmigrants maintain lawful status in the United States.

 

Instead of being admitted for “Duration of Status,” eligible individuals will now receive a fixed “Admit Until Date” (AUD) on their Form I-94. Those who need additional time to complete their academic program, exchange program, practical training, or media assignment must either apply for an Extension of Stay (EOS) with USCIS or depart the United States and seek readmission with updated documentation.

 

This represents one of the most significant changes to student and exchange visitor immigration rules in decades.

Historically, most F-1 and J-1 nonimmigrants were admitted for Duration of Status (D/S), allowing them to remain in the United States as long as they continued to comply with the terms of their program.

 

Under the new rule, DHS will issue a specific expiration date on each individual’s Form I-94.

 

Once that date arrives, the individual must have either:

Remaining in the United States beyond the I-94 expiration without authorization may have serious immigration consequences.

Individuals who need additional time to complete their program or remain in lawful status must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS.

 

If approved, USCIS will issue a new period of authorized stay based upon:

Applicants may also choose to travel abroad and seek readmission with updated documents instead of filing an extension with USCIS.

 

USCIS permits Extension of Stay applications to be filed up to 180 days before the expiration of the current period of admission.

 

Given anticipated processing delays, applicants should avoid waiting until the last minute.

 

Early filing can help prevent unnecessary interruptions to lawful status.

 

Many applicants filing Form I-539 should expect to receive a biometrics appointment at a USCIS Application Support Center.

 

Students living in rural areas or requiring disability accommodations should plan for additional travel time and expenses associated with biometrics appointments.

 

The new rule significantly increases the importance of timely filing.

 

If a properly filed Extension of Stay application remains pending after the I-94 expiration date, the applicant generally remains in an authorized period of stay while USCIS processes the case.

 

However:

Unlike prior practice, there is no grace period following the denial of an Extension of Stay application.

 

 

Students and exchange visitors with pending Extension of Stay applications should carefully evaluate any international travel plans.

 

Depending on how an individual re-enters the United States, travel may cause USCIS to consider a pending Extension of Stay application abandoned.

 

This issue is especially important for F-1 and J-1 nonimmigrants who obtain new Forms I-20 or DS-2019 before returning to the United States.

 

Before making travel arrangements, applicants should consult with experienced immigration counsel to determine the safest strategy.

 

F-2, J-2, and I dependent family members may generally be included in the principal applicant’s Extension of Stay application using Form I-539A without paying separate filing fees only if the application is filed by mail.

 

However, applicants choosing to file online through a myUSCIS account must submit separate Form I-539 applications and pay separate filing fees for each dependent.

 

Families should also be aware that filing together may result in every family member receiving the shortest authorized extension period if one dependent has an earlier passport expiration or other limiting factor.

 

Strategic planning may therefore be necessary before filing family Extension of Stay applications.

 

 

The elimination of the duration of status marks a major shift in U.S. immigration policy for students, exchange visitors, and foreign media representatives. Maintaining lawful status will now require far more careful monitoring of I-94 expiration dates and timely filing of Extension of Stay applications.

 

Failure to file on time—or receiving a denial—may lead to the immediate accrual of unlawful presence, potentially affecting future immigration benefits and visa eligibility.

 

 

The Law Offices of Keshab Raj Seadie, P.C. is actively assisting students, exchange visitors, educational institutions, and employers in preparing for these significant changes.

 

We can help with:

If you are currently in F-1, J-1, I, F-2, J-2, or I dependent status, we recommend reviewing your immigration timeline well before your Form I-94 expires to determine the most appropriate strategy under the new rules.

This article is provided for general informational purposes only and does not constitute legal advice. Every immigration matter is unique and should be evaluated based on its specific facts and applicable law.

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The Department of Homeland Security (DHS) has published a Final Rule that will fundamentally change how U.S. Citizenship and Immigration Services (USCIS) evaluates the public charge ground of inadmissibility for many adjustment of status (green card) applicants.

 

The new rule, which becomes effective on September 18, 2026, rescinds the 2022 Public Charge regulations and gives USCIS officers substantially broader discretion when determining whether an applicant is “likely at any time to become a public charge” under Section 212(a)(4) of the Immigration and Nationality Act (INA).

 

This is one of the most significant changes to public charge adjudications in recent years and is expected to affect thousands of employment-based and family-based adjustment of status applicants.

 

 

Unlike the 2022 rule, which established detailed regulatory definitions and standards, the new Final Rule eliminates virtually all regulatory guidance governing how USCIS officers should analyze public charge cases.

 

Instead, USCIS officers will rely primarily on:

As a result, applicants may experience greater uncertainty regarding how their cases will be evaluated.

 

Unlike the 2019 Public Charge Rule, which required applicants to complete Form I-944 (Declaration of Self-Sufficiency), the 2026 Final Rule does not create a new public charge form.

 

Instead, USCIS is expected to issue:

USCIS is expected to release these revised forms before the September 18, 2026, effective date.

 

Applicants planning to file Adjustment of Status applications should strongly consider filing before September 18, 2026, if eligible.

 

Applications filed on or after September 18 will be subject to the new regulations and revised forms.

 

Filing before the effective date may help avoid delays associated with new forms, implementation issues, and evolving adjudication standards.

 

Perhaps the most important aspect of the new rule is the amount of discretion it gives individual USCIS officers.

 

Because the Final Rule removes detailed regulatory definitions, officers will make case-by-case determinations based upon the applicant’s:

Additional USCIS policy guidance is expected before the rule becomes effective.

 

Immigration practitioners anticipate the new rule will likely result in:

 

Importantly, the public charge ground of inadmissibility does not apply to many humanitarian immigration categories, including:

Likewise, U.S. citizens are never subject to the public charge ground, and lawful permanent residents generally are not subject to public charge inadmissibility unless they are treated as applicants for admission under the INA.

 

 

This final rule represents a major shift away from detailed regulations and toward a more discretionary adjudication process. While the 2019 Public Charge Rule relied on rigid regulatory standards and the Form I-944, the new framework instead places greater reliance on USCIS officer judgment, agency policy guidance, and individualized review.

 

Until USCIS issues updated Policy Manual guidance and officers receive formal training, uncertainty is likely to remain regarding how these cases will be adjudicated.

For applicants seeking adjustment of status, careful preparation of financial documentation, affidavits of support, employment records, income evidence, and supporting documentation will become increasingly important.

 

 

The attorneys at the Law Offices of Keshab Raj Seadie, P.C. are closely monitoring USCIS implementation of the new Public Charge Rule and forthcoming agency guidance. We are advising clients on filing strategies, adjustment of status applications, Affidavits of Support, public charge issues, and immigration compliance.

 

If you are planning to file an Adjustment of Status application or have questions regarding the new Public Charge Rule, we encourage you to consult with an experienced immigration attorney as early as possible to determine the best filing strategy before the September 18, 2026 implementation date.

This article is intended for general informational purposes only and does not constitute legal advice. Every immigration case should be evaluated based on its specific facts and circumstances.

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The U.S. Citizenship and Immigration Services (USCIS) has announced an Interim Final Rule that significantly changes the processing of certain affirmative asylum applications. The rule, which became effective immediately on July 27, 2026, is intended to reduce the growing asylum backlog by allowing USCIS to refer certain asylum applications directly to the Immigration Court without first conducting an interview with the applicant.

 

 

Traditionally, individuals who filed an affirmative asylum application with USCIS were scheduled for an interview before an asylum officer. If USCIS did not grant asylum, the agency generally referred the case to an Immigration Judge, who would then conduct a separate hearing and independently review the asylum claim.

 

Under the new Interim Final Rule, USCIS now has the authority to refer certain affirmative asylum applications directly to the Immigration Court without first interviewing the applicant. According to DHS, this procedural change is expected to reduce duplication of effort, improve efficiency, and shorten overall processing times.

 

The new rule primarily impacts individuals who file affirmative asylum applications with USCIS while they are not already in removal proceedings. Applicants who are already in removal proceedings will continue to pursue their asylum claims before the Immigration Court through the defensive asylum process.

 

According to USCIS, the purpose of the new rule is to reduce the extensive asylum backlog and allow asylum officers to devote more resources to adjudicating cases. DHS has stated that the change is intended to improve efficiency and discourage the use of asylum applications solely to delay removal proceedings or obtain employment authorization.

 

 

This procedural change makes it more important than ever that asylum applications are complete, accurate, and thoroughly documented at the time of filing. Because some applicants may no longer receive an interview before their case is referred to Immigration Court, applicants should ensure that all available evidence is submitted with the initial application.

Supporting documentation should include, where applicable:

 

Although DHS expects this rule to improve processing efficiency, it also places greater importance on preparing a comprehensive asylum application from the very beginning. Applicants should not assume they will have an opportunity to clarify omissions or provide additional information during an interview before referral to Immigration Court.

 

Every asylum case is unique. Careful preparation, credible supporting evidence, and a well-developed legal strategy remain essential to maximizing the likelihood of success.

 

 

The Law Offices of Keshab Raj Seadie, P.C. has extensive experience representing asylum applicants before USCIS, the Immigration Courts, the Board of Immigration Appeals, and the federal courts. Our attorneys carefully evaluate each case, prepare detailed legal submissions, and work closely with clients to present the strongest possible claim for protection under U.S. immigration law.

 

If you or a family member are considering applying for asylum or have questions about how this new rule may affect your case, please contact our office to schedule a confidential consultation.

 

This newsletter is provided for general informational purposes only and does not constitute legal advice. Every immigration case is unique and should be evaluated based on its individual facts and applicable law.

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